Archive for the Results Category

$15,000 Virginia Workers' Compensation Settlement – Wrist fracture

Monday, December 15th, 2008

In 2007, our client a 16 year old young man, working during his summer vacation, fell at work and landed on his left wrist. He was seen at the hospital and a closed reduction of the fracture was performed by a Virginia Orthopedic Surgeon. He later returned to the operating room for an ORIF, open reduction/internal fixation of the wrist fracture with the placement of a standard  DVR plate. After being off of work for 8 weeks, he returned to back to work.

Many times we are limited in what we can obtain for our clients in terms of their permanent partial disability as it is in large part determined by the client’s average weekly wage. In Virignia, workers who earn more will qualify for a more in terms of permament partial disabilty as their compensation rate is higher. It can be argued that this system is unfair to lower paid workers, the Workers’ Compensation system in Virginia allows for large variability in terms of settlements as the employee’s compensation rate alwys plays a large role in any offer.  The Workers’ Compensation Act in Maryland provides for uniform awards for permenent partial disability, however the awards are ususally less than what is obtained in Virginia.

$67,000 Settlement when Backhoe hits client -Foot injury

Monday, December 15th, 2008

Our client was working in College Park, Maryland at a construction site when a backhoe hit our client and ran over his foot. As a result of the injury, the client required an open reduction internal fixation surgery to his ankle, which required the placement of plates and screws. As this was a Maryland work accident, the client received his Workers’ Compensation benefits, and maintained a third party action against the responsible party in Federal Court. It should be noted that had this case happened in Virginia, our client would have been unable to pursue his third party lawsuit as The Virginia Workers’ Compensation Act generally prohibits lawsuits against “Statutory Fellow Employees.”

$42,000 Virginia Auto Accident Settlement- Rear End Accident

Monday, December 15th, 2008

A young woman was a passenger in a car which was rear-ended in Alexandria, Virginia. The force of the impact caused the car to be propelled through the intersection and into a fence. Our client suffered soft tissue injuries  The accident happened while our client was working for a cleaning company and going from one job site to the next. As a result, the accident was also covered by the Virginia Workers’ Compensation Act, which paid out client 66 2/3% of her wages and 100% of her medical bills. All told, our client incurred 12,408.81 in medical bills, which after negotiations amounted in a final offer $42,000. The ability to claim wages and medical treatment as part of the Workers’ Compensation claim allowed the client to maintain her standard of living while she received her medical treatment.

$30,000 Virginia Workers' Compensation Settlement

Monday, December 15th, 2008

A young, undocumented alien, cleaning lady fell out of a window while cleaning windows in Manassas, Va., and suffered an injury to her lumbar spine at L1. She had a long course of treatment which included a lumbar fusion surgery. After a long recovery, she was eventually released back to work by her primary treating physician. The claimant decided to return to her home country of Mexico, and settle her claim.  It should be noted that the Virginia Workers’ Compesation Act makes no provision for a permanent partial disability to one’s back. Additionally undocumented aliens lose their ability to claim wage benefits when released to light duty employment.

$177,000 Workers' Comp Settlement – L5-S1 Back Surgery

Sunday, December 14th, 2008

In 2007, our client was lifting some equipment when he overexerted himself, and felt a terrible pain in his back. As a result of the injury he eventually had a laminectimy, discectomy and fusion performed at L5-S1. Unfortunately, his surgery did not alleviate all of his back pain, and he remained with a painful back long after the surgery. His physicians all agreed that he could return in a light duty position, and declared that the patient had reached maximum medical improvemenrt, After negotiating the claim, and attending a mediation we were able to settle the claim for $177,000. It should be noted that overexertion type injuries are one of  the most frequent on the job injuries seen in Virginia. The annual reports of the Virginia Workers’ Compensation Commission detail the types of injuries, and overexertion usually ranks at the top of the list.

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